The Lisbon Treaty is good for women.
The Lisbon Treaty debate in Ireland to date has focused on whether the treaty will support and promote Irish interests – those of businesses, workers, farmers etc. While women are obviously included in all of these categories, it is legitimate nonetheless to ask specifically whether the treaty will be good for women. In my opinion the answer is a resounding yes.
Ireland’s membership of the European Union has been one of the most important forces in advancing the interests of women. Equal treatment of women and men at work was one of the founding principles of the European Community, with the principle of equal pay being set out in the original Treaty of Rome (1957). Ireland’s Employment Equality Act (1998) which ensures equal pay and treatment of women in the workplace today – and other similar legislation that preceded it – were introduced as a direct result of EU membership.
The maternity leave entitlements available to Irish women, and the protections for pregnant and breastfeeding mothers in the workplace, all exist because of our membership of the EU. In fact the EU recently extended maternity leave from a minimum of fourteen to eighteen weeks, on 75% of pay. The parental leave entitlements for mothers and fathers - up to thirteen weeks leave at any time during the first five years of a child’s life – arise because of our EU membership.
Women are four times as likely as men to be in part-time work. The European Union has required Ireland and other Member States to introduce legislation to protect the rights of part-time workers and to ensure that the range of jobs suitable for part-time work and job-sharing is widened. The European Commission has been trying for several years to introduce legislation to protect the rights of Agency Workers, many of whom are women. The Irish Government was one of a number of Member State governments to resist the introduction of such a directive, but recently yielded and the directive is now in preparation. The European Commission is also currently examining the possible introduction of “care credits” for women who take a period of time out from paid work to look after children or elderly relatives.
The provisions of the Lisbon Treaty build upon and consolidate these rights. The treaty prohibits gender discrimination and promotes equality between men and women as a fundamental EU value and objective. It mainstreams gender into all EU activities, and includes the objectives of combating discrimination based on sex and fighting against trafficking and sexual exploitation of women.
The Charter of Fundamental Rights, which is made binding by the Lisbon Treaty, is another good reason for women to support the treaty .This is a progressive Bill of Rights which is legally binding on the EU itself, and on the Member States when they are implementing EU Law. The Charter places a new emphasis on social rights alongside the more traditional civil and political rights. Amongst the rights set out in the Charter are the right to life, to physical and mental integrity, to freedom of thought, conscience and religion, to education, to equality between men and women, the rights of the child, the rights of the elderly and the integration of persons with disabilities. The Charter also states that “equality between men and women must be ensured in all areas including employment work and pay”, thus formally raising this longstanding commitment of the EU to the status of a fundamental human right. In order to support efforts to address issues such as, for example, the low representation of women in parliaments across the EU, Article (23) of the Charter states: “the principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex”. This Charter of rights will be a fundamental source of reference for the European Court of Justice and for national courts on EU law into the future.
The Lisbon Treaty will also help to protect women and children from human trafficking and the sex trade. Human trafficking has been described as ‘a modern form of slave labour’. Thousands of women and children are illegally trafficked into, and around the EU every year. The trans-national nature of the problem means that anti-trafficking efforts need to be coordinated at EU level. Article 5 of the Charter of Fundamental Rights prohibits human trafficking. The changes that the Lisbon treaty introduces in the area of Justice and Home Affairs also give the EU more power to strengthen police co-operation between Member States and to develop minimum common standards for defining crimes and punishments for certain cross-border crimes, including human trafficking. This will make it harder for criminals to avoid justice by moving from one EU country to another.
The Lisbon Treaty puts poverty eradication at the heart of EU Development goals, and should help to improve conditions for women and children across the developing world.(The EU and its Member States are already the largest donors of aid internationally). The Treaty commits the Union to “foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty”. It provides that the EU will take account of Development Cooperation in all its policies. This clause should bring about much more coherence between other areas of the EU’s external action (ie its trade policy) and its policies in relation to the developing world. The Lisbon Treaty recognises the importance of humanitarian action by introducing a legal basis for it. It commits the Union to providing assistance to third countries which are victims of natural or man-made disasters.
In conclusion, there are many good reasons why women should support the Lisbon Treaty. However, it is important to remember that 56% of those who voted No in the last Lisbon Treaty referendum were women. It is clear that many women were concerned at that stage about the arguments that had been raised by opponents of the treaty about military conscription and the possible creation of an EU Army in the future. The very solid legal guarantees that have been secured by the Irish Government since that time should lay these fears to rest. The guarantees state that nothing in the Treaty of Lisbon will interfere with Ireland’s traditional policy of military neutrality and that Ireland cannot join a Common European Defence, or European army, in the future unless the Irish people vote for this in a popular referendum. The treaty also makes it clear that any decisions by Member States in the area of the Common Foreign and Security Policy continue to require unanimity (ie a national veto applies).
Irish people have a very significant decision to make on October 2nd regarding the Lisbon Treaty. Women – who form approximately half of the population – will play an important part in deciding what kind of future Ireland sees for itself in relation to the European Union. The Women for Europe website (www.womenforeurope.ie) has been established by a non-political, civil society group of women campaigning for a Yes vote. It is a very useful resource for women who are trying to familiarize themselves with the Lisbon Treaty. I will be voting ‘yes’ for the Lisbon Treaty on October 2nd and hope that many other Irish women will be joining me on the day.
